[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

NOTIFICATION

No. 61 /2011-Customs

New Delhi, 15th July, 2011

G.S.R.(E) Whereas, in the matter of imports of 1, 1, 1, 2-Tetrafluoroethane or R-134a of all types (hereinafter referred to as the subject goods), falling under sub heading 2903 3919of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act), originating in, or exported from, Peoples Republic of China and Japan(hereinafter referred to as the subject countries) and imported into India, the designated authority in its preliminary findings, vide, notification No.14/24/2009-DGAD, dated the 19thFebruary, 2010, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the19th February, 2010, had come to the conclusion that,-

(a) the subject goods had been exported to India from the subject countries below its normal value;

(b) the domestic industry had suffered material injury;

(c) the injury had been caused by the dumped imports from subject countries;

and had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in, or exported from, the subject country;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods vide notification No. 52/2010-Customs, dated the 19th April, 2010, published in the Gazette of India, Extraordinary Part II, Section 3, sub-section (i), vide number G.S.R. 334(E), dated the 19th April, 2010;

And whereas, the designated authority, in its final findings vide notification No. 14/24/2009DGAD, dated 10th May, 2011, published in the Gazette of India, Extraordinary, Part I, section 1, dated the 10th May,2011, has come to the conclusion that,-

(a)the subject goods have been exported to India from the subject countries below its normal value;

(c )the dumping margins of the subject goods imported from the subject countries are substantial and above de minimis.

Now, therefore, in exercise of the powers conferred by sub-section (1) read with sub-section (5) of section 9A of the said Customs Tariff Act, 1975 read with rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid findings of the designated authority, hereby imposes definitive anti- dumping duty on the goods, the description of which is specified in column (3) of the Table below, falling under sub- heading of the First Schedule to the said Customs Tariff Actspecified in the corresponding entry in column (2),originating in the country specified in the corresponding entry in column (4), and exported from the country specified in the corresponding entry in column (5) and produced by the producer specified in the corresponding entry in column (6) and exported by the exporter specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount indicated in the corresponding entry in column (8), in the currency as specified in the corresponding entry in column (10) and per unit of measurementspecified in the corresponding entry in column (9) of the said Table.

Table

Sl.No

.

Sub- Heading

Description of

goods

CountryOf

origin

Country

Of

export

Producer

Exporter

Duty

amount

Unit of

measurement

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

1.

29033919

1,1,1,2-Tetrafluoroethane or R-134a

China PR

China PR

Sinochem Environmental Protection (Taicang) Co. Ltd.

Sinochem Environmental Protection (Taicang) Co. Ltd.

1.15

Kg

USD

2.

- Do -

- Do -

China PR

China PR

Sinochem Environmental Protection Taicang) Co. Ltd

Du-Pont Trading (Shanghai) Co. Ltd.

1.36

Kg

USD

3.

- Do -

- Do -

China PR

China PR

Sinochem Environmental Protection Chemicals (Xian) Co. Ltd.

Sinochem Environmental Protection Chemicals (Xian) Co. Ltd

1.15

Kg

USD

4.

- Do -

- Do -

China PR

China PR

Any Combination of producer and exporter other than Sl. No. 1 to 3

1.41

Kg

USD

5.

- Do -

- Do -

China PR

Any country other than China PR

Any

Any

1.41

Kg

USD

6

- Do -

- Do -

Any country other than China PR

China PR

Any

Any

1.41

Kg

USD

7

- Do -

1,1,1,2-Tetrafluoroetha or R-134 a

Japan

Japan

Any

Any

.69

Kg

USD

8

- Do -

- Do -

Japan

Any

Any

Any

.69

Kg

USD

9

- Do -

- Do -

Any country other than Japan

Japan

Any

Any

.69

Kg

USD

3. The anti-dumping duty imposed shall be levied for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette and shall be payable in Indian currency.

Explanation. - For the purposes of this notification, rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and therelevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.